58
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
In their submission, those reports showed that the GID had continually
frustrated efforts to carry out monitoring. For example, in 2003 the
International Committee of the Red Cross had been forced to suspend visits
owing to breaches in visitation procedures by the GID; the UN Special
Rapporteur had been prevented from carrying out private interviews. The
GID continued to deny all allegations of ill-treatment. Internal redress for
allegations was non-existent and criminal sanctions were inadequate. The
few officers who had been convicted of torture had been given excessively
lenient sentences.
181. The view of the third parties, which was based on interviews
between Human Rights Watch and the head of Adaleh, was that the centre
was a for-profit company which had not carried out any inspections. Nor
had the centre privately or publicly expressed any concerns of ill-treatment
in Jordanian detention facilities.
B. Admissibility
182. The Court notes that this complaint is not manifestly ill-founded
within the meaning of Article 35 § 3 of the Convention. It further notes that
it is not inadmissible on any other grounds. It must therefore be declared
admissible.
C. Merits
1. General principles
183. First, the Court wishes to emphasise that, throughout its history, it
has been acutely conscious of the difficulties faced by States in protecting
their populations from terrorist violence, which constitutes, in itself, a grave
threat to human rights (see, inter alia, Lawless v. Ireland (no. 3), 1 July
1961, §§ 28–30, Series A no. 3; Ireland v. the United Kingdom, 18 January
1978, Series A no. 25, Öcalan v. Turkey [GC], no. 46221/99, § 179, ECHR
2005-IV; Chahal, cited above, § 79; A and Others v. the United Kingdom,
cited above, § 126; A. v. the Netherlands, no. 4900/06, § 143, 20 July 2010).
Faced with such a threat, the Court considers it legitimate for Contracting
States to take a firm stand against those who contribute to terrorist acts,
which it cannot condone in any circumstances (Boutagni v. France,
no. 42360/08, § 45, 18 November 2010; Daoudi v. France, no. 19576/08,
§ 65, 3 December 2009).
184. Second, as part of the fight against terrorism, States must be
allowed to deport non-nationals whom they consider to be threats to
national security. It is no part of this Court’s function to review whether an
individual is in fact such a threat; its only task is to consider whether that
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